Cihan v Border Hotels No 2; Border Hotels No 2 v Cihan [2015] NSWSC 297

Supreme Court New South Wales

Medium Neutral Citation: Cihan v Border Hotels No 2; Border Hotels No 2 v Cihan [2015] NSWSC 297 Hearing dates: 18 March 2015 Decision date: 18 March 2015 Jurisdiction: Equity Division Before: McDougall J Decision: Discharge existing interlocutory injunction, grant interlocutory relief restraining removal of fixtures and fittings. Catchwords: PROCEDURE - interlocutory issues - injunctions - where the New South Wales Civil and Administrative Tribunal (NCAT) had made a 'procedural direction' restraining landlord under a retail lease from locking tenant out of premises - where that direction or injunction was conditioned on the tenant paying the landlord a weekly sum - where payments made neither in full nor on time – NCAT proceedings transferred to Supreme Court - application by landlord to set aside the directions of NCAT - whether discrepancies in evidence sufficient to account for shortfall in repayments by tenant - whether retail lease agreement as varied provided any reason to deviate from the directions of NCAT - whether tenant should be allowed equitable relief against the consequences of its own failure to do equity Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Conveyancing Act 1919 (NSW) Retail Leases Act 1994 (NSW) Category: Procedural and other rulings Parties: Mehmet Cihan as Trustee for Cihan Family Trust (Plaintiff/Defendant) Border Hotels No 2 Pty Ltd (Defendant/Plaintiff) Representation: Counsel: J Jobson (Plaintiff) A Ahmad (Defendant)

Solicitors: Andresakis & Associates (Plaintiff) Dib Lawyers (Defendant) File Number(s): 2015/29699 and 2015/38019